by J. Tyler Cox
Perhaps one of the more daunting and trying considerations for parents involved in a child custody dispute is the preference of the child. Parents contesting child custody are often nervous that their child’s preference will not be favorable to them because of a number of different reasons manipulating that child’s decision making. Sadly, this could even include the other parent’s influence. However, the preference of the child is but one of many considerations that chancellor’s weigh in their analysis of the Albright Factors to decide the best interests of the child.
By statute, the preference of the child will not be considered by a chancellor unless the child is 12 years old or older. After the sufficient age of 12, a child in a child custody case could be allowed by the court to express their preference as to which parent they would prefer to live with. A chancellor, however, is not required to honor the wishes of a child as to whom he/she would prefer to live with, but will only make that decision based on whether the best interests of the child is served by allowing them to express a preference.
This consideration is considered dismaying by some because of a parent’s ability to manipulate the feelings of a child in regards to the other parent. For example, there unfortunately are parents that will promise their children a later curfew, a new phone, or even a new car, just to manipulate the child into wanting to live with that parent. Although offering favors to their child may sway that child to their side momentarily, ultimately, a chancellor deciding the case will see that for what it is and take that into consideration when making his final decision.
Even though there are parents who attempt to essentially “bribe” their own children to make them want to live with them, a court will not make a decision based on the child’s preference if their preference is not in their best interest. It is understandable that this factor can cause a sense of uneasiness and worry in parents when dealing with a child custody dispute. Our office handles child custody disputes every day, and can help ease those worries. If you have any worries or concerns involving your custody disputes, or just have any questions at all involving your custody related issues, please contact our office. Thank you for following this series and please continue to follow along each week as we explore the Albright Factors.
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